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…23rd November 2007 brought by Beja Mnyika Beja against the Electoral Commission of Kenya (ECK) in which the Applicant seeks:- (1) To be exempted from serving notice on the Registrar in terms of Order 53 Rule 1(3) Civil Procedure…

…Rules (2) That the court do grant leave to the Applicant to apply for (i) An order of certiorari directed at the Respondents removing to this court for purposes of being quashed any purported proceedings orders and or recommendations…

…23rd November 2007 brought by Beja Mnyika Beja against the Electoral Commission of Kenya (ECK) in which the Applicant seeks:- (1) To be exempted from serving notice on the Registrar in terms of Order 53 Rule 1(3) Civil Procedure…

…Rules (2) That the court do grant leave to the Applicant to apply for (i) An order of certiorari directed at the Respondents removing to this court for purposes of being quashed any purported proceedings orders and or recommendations…

…The applicant wanted to restrain the defendant from committing an injury so he could apply to the court for a temporary injunction to restrain the defendant under order XXXIX rule 2 of the Civil Procedure Rules (cap 21) if…

…My researches have not unearthed any rules by the Rules Committee for the procedure of obtaining a temporary injunction save those made under section 81 of the Act which are known as the Civil Procedure Rules.…

…Rules.…

…The Judge, therefore, specifically dismissed the application for an injunction which had been made to him, under Order XXXIX of the Civil Procedure Rules.…

…Together with the plaint the plaintiffs filed a chamber summons dated 1.3.2004 under order 39 Rule 2(1), (2) and (3) of the Civil Procedure Rules, Rules 12(5) and (7) of the Children’s Act (No. 8 of 2001) General Rules and…

…I shall first of all deal with the issue of competence of the application which has been brought by way of chamber summons under Order 41 Rule 4 of the Civil procedure Rules. In his reply to Mr.…

…for the appeal to be filed, and that there was a further delay after receipt of the proceedings which delay has not been explained, and further that the application ought to have been brought under order 49 of the Civil Procedure…

…Rules and not Section 79 G of the Civil Procedure Act.…

…Together with the plaint the plaintiffs filed a chamber summons dated 1.3.2004 under order 39 Rule 2(1), (2) and (3) of the Civil Procedure Rules, Rules 12(5) and (7) of the Children’s Act (No. 8 of 2001) General Rules and…

…I shall first of all deal with the issue of competence of the application which has been brought by way of chamber summons under Order 41 Rule 4 of the Civil procedure Rules. In his reply to Mr.…

…The application is expressed to be made under r.7 (2) of the Companies Winding Up Rules and 0.44 r.1 of the Civil Procedure Rules.…

…It seems to me that this other order of the Civil Procedure Rules is adverted to by virtue of rule 203 of the Winding Up Rules.…

…Rules.…

…Rules and dated 4th June, 1985.…

…At the trial, the Attorney General, the Respondent here took a Preliminary Objection saying that the motion offends the Provisions of Order 1 Rule vi 12 of the Civil Procedure Rules and that the cause of action in this matter…

…No. 133 of 2001 provides rules of access under Section 84(b) of the Constitution being ‘The Constitution of Kenya (Protection of Fundamental Rights and Freedoms of the Individual) Practice and Procedure Rules, 2001), as directed…

…By legal notice No 164 of 1992, the Rules Committee amended order 53 of the Civil Procedure Rules whereby their existing rules 1 & 2 of order 53 were deleted and new rules were inserted in their place.…

…If it were a limited time prescribed under the Civil Procedure Rules or by an order of the Court of by summary notice. I could have enlarged that period.…

…The application is made vide order 1XB rule 8 of Civil Procedure Rules s 3A of the CPA is 11 and s 108 of the Bankruptcy Act.…

…to pay stay proceeding which was the first player and which was granted on 19/2/91 on temporary basis, I do not agree that the application to set aside the receiving order was one made under the provisions if not Civil Procedure…

…being sought and obtained as stipulated in Section 79G of the Civil Procedure Act; or where an appeal only lies with leave of court as contemplated in Section 75 of the Civil Procedure Act as read with Order 43 of the Civil Procedure…

…Rules or where the appeal does not lie at all; or where the appeal is led in the wrong court, i.e where the proceedings appealed from emanate, not from a court exercising jurisdiction that is supervised by the High Court…

…The applicant has now filed this Notice of Motion on 26th August 1999 seeking the following order under Order 53 Rule 3(1) of the Civil Procedure Rules:-"ORDER:- That this Honourable Court be pleased to issue an order of…

…The jurisdiction to grant the judicial remedy of certiorari is vested in the High Court by Section 8 of the Law Reform Act Chapter 26 Laws of Kenya, while Order 53 of the Civil Procedure Rules lays down the procedure by which…

…a discretion to set aside the judgment upon such terms as may be just, but in a case like this where the obtaining of the judgment was irregular and not in accordance with the law and practice as laid down in our Civil Procedure…

…Rules, the appellant is clearly entitled as of right to have the judgment set aside without any conditions being imposed.…

…In constitutional litigation, The Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013 provides that- “7.…

…motion which is by the two Petitioners herein is brought under Articles 22,23,40,47,60(1), 62,162(2) (b) and 174 of the Constitution, Rules 19 and 23 of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure…

…Rules 2013, Section 3,13 (1,2,3 and 7) of the Environment and Land Court Act (Act No. 19 of 2011), Sections 2,3,4,5,6,7,11,13 and 14 of the Fair Administration Action Rules 2024 and all other enabling provisions of the law…

…motion which is by the two Petitioners herein is brought under Articles 22,23,40,47,60(1), 62,162(2) (b) and 174 of the Constitution, Rules 19 and 23 of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure…

…Rules 2013, Section 3,13 (1,2,3 and 7) of the Environment and Land Court Act (Act No. 19 of 2011), Sections 2,3,4,5,6,7,11,13 and 14 of the Fair Administration Action Rules 2024 and all other enabling provisions of the law…

…It filed with its plaint a summons in chambers under Order XXXIX rules 1-3 of the Civil Procedure Rules supported by an affidavit of Mr Macharia asking the High Court for an interlocutory injunction restraining the Bank and…